April 7, 2015

United States Department of Transportation Docket Management Sy stem 1200 New Jersey Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590 **Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012**
Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and C.F.R. Part 11, Seminole Club, Inc., DBA: Flatwater Studios , owner and operator of Small Unmanned Aircraft S ys tems (UASs), request to be exempted from the Federal Aviation Regulations (FARs) listed below so that Seminole Club, Inc., DBA: Flatwater Studios may

operate UASs commercially in airspace regulated by

the Federal Aviation Administration; as long as such operations are conducted within and under t he conditions outlined herein or as may be established by

the FAA as required by

section 333. The Name and address of the applicant is:
Seminole Club , In c . (SCI) DBA: Flatwater Studios Attn: Curt Daniels 709 West Park Ave Suite D Edgewater, Florida 32132 curt@flatwaterstudios.com 386

- 957

- 3925

As d escribed below, the requested exemption would permit the operation of lightweight (less than 55 lbs total take off gross weight) UASs under controlled conditions for commercial use b y professional certificate d pilots thereb y enhancing safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to “.... establish requirements for the safe operation of such aircraft sy stems in the national airspace sy stem." Section 333(c) of the Reform Act.
SCI respectfull y requests the grant of an exemption to the following specific sections of the Title 14 Code of federal Regulations allowing it to operate lightweight UAS's for commercial use: 14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.405(a),91.407(a)(1 ), 91.409(a)(2), 91.417(a) &(b)

SCI submits this application in accordance with the Reform Act, 112 P.L. 95 331

- 334, seeking relief from an y currentl y applicable FAR's operating to p revent SCI’ s future commercial use of small UASs to operate in the national airspace s ys tem as described below. The Reform Act Section 332 provides for such integration of civil unmanned aircraft s ys tems into our national airspace s ys tem as it is in the public's interest to do so. SCI ’s lightweight UASs meet the definition of "small unmanned aircraft" as defined in section 331 and therefore the integrati on of SCI’s lightweight UASs are expressly contemplated b y the Reform Act. SCI would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation to consider whether certa in unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which t ypes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national securit y in light of the following: • The UAS's size, weight, speed and operational capability • Operation of the UAS in close proximity to airports and populated areas • Operation of the UAS within visual line of sight o f the operator Reform Act 333 (a) If the secretary

determines that such vehicles "may operate safel y in the National Airspace S ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace S ys tem."
SCI 's UAS ’ s are rotorcraft weighing less than 55 pounds including payload. They operate at a speed of less than 50 knots and have the capability to hover and move in the vertical and horizontal plane simult aneously

. The UAS will operate onl y within the line of sight of the pilot within a protected flight area as described below. Such operations will insure that the UASs will not create a hazard to the users of the national airspace system or the public.
The small nature of the UASs utilized by SCI combined with the safet y protocols outlined below will allow for a greater than equivalent level of safety in which Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to commenc e immediatel y. Also due to the size of the UASs and the areas and altitudes they will operate, approval of the exemption presents no national security issue and absolutely minimal safety concerns which have been mitigated through a rigorous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safet y surrounding the proposed operations, the significant public benefit, includin g enhanced safet y, reduced emissions utilizing UASs vice traditional aircraft as well as the economic impact of greatly

reducing the cost of aerial photography thereby benefiting the greaterpublic's interest. Accordingl y, the applicant requests that the FAA grant the requested

exemption without delay

. The following limitations are considered to be binding for the operation of UASs for commercial purpo ses by

SCI : 1. Flights will be operated in the line

- of

- sight by a ground

- based pilot 2. Flights will onl y occur in the daytime and clear of clouds 3. The UASs will weigh less than 55lbs at take off and during flight 4. Flights will be terminated with 25% of battery life remaining 5. Flights will be operated at an altitude at or below 400' AGL 6. Pilots, camera operators and observers wil l be trained as to the applicable portion of the UAS's manual as well as the SOPs. 7. Minimum UAS crew will be one certific ated Commercial pilot or higher rating with a current FAA medical. A camera operator and or observer may be added as required to further reduce the possibility of task saturation by

the pilot depending on the mission requirements. 8. Pilot, observer and camera o perator will maintain real time communication capability throu ghout flight operations. 9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility (AOR). This AOR is the actual area for UAS operations for a particular day . Each survey will include the assessment of potential hazards to in clude but not limited to airspace classification, NOTAMS, temporary flight restrictions, clo sest airport proximity , natural and manmade obstacles, and unnecessary persons which may

pose a risk to operations or safet y. If deemed necessary, the crew will emp loy additional personal as safety observers. 10. SCI will employ

s afety observers as well as sign notifications in areas close to public activity

. 11. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, utilizing the brie fing guide in the SOPs. All persons who will be in the AOR while UAS flights are conducted will be present for this briefing. 12. SCI will obtain cons ent (verbal or written) for any pe rsons who need to be within 100 feet of UAS flight operations. 13. Writt en and or verbal permission from th e relevant property owners will be obtained prior to flight. 14. All r equired permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other governmental agencies. 15. If the UAS loses communications or loses it s GPS signal, the UAS will have the capability to return to a pre

- determined location within the AOR and land autonomously

. 16. The UAS will have the ability to abort a flight in case of unpredicted obstacles or emergencies.

**14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 (a)(1)** Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of

necessary airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and defined area of operations for SCI UAS flights permits exemption from Part 21 because SCI meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the ACT ( 49 U.S. C. 44701(f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement i n consideration of weight, size, speed, maneuverability and proximity

to areas such as airports and dense populations. SCI meets or exceeds each of these elements. 14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and registr ations. They

are inapplicable for the same reasons stated above. The equivalent level of safety

will be achieved by

maintaining such certifications and registrations at SCI ’s flight o perations center. 14 C.F.R. 91.7(a) prohibits the operation of an aircr aft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this regulation is inapplicable.

**14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft** 14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots of passengers, and given the size of the UASs, this regulation is inapplicable. An equivalent level of safety will be achieved b y maintaining an operators manual at the flight operations cente r. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

**14 C.F.R. 91.103(b) Preflight actions**  14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include: (b) For an y flight, runway lengths at airports of intended use, and the following takeoff and landing distance information. Thi s subparagraph is not applicable due to our off airfield operations.

**14 C.F.R. 91.109 Flight instructions**  **; Simulated instrument flight and certain flight**  **tests.** 14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned aircraft in conjunction with training and flight tests. The UAS to be emplo yed by SCI are not designated in this category

.**14 C.F.R. 91.121 Altimeter Settings**

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because SCI UASs utilize GPS sy stems and internal gy roscopes to provide spatial stability and a reference datum.

**14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions** 14 C.F.R. 91.151 prohibits an individual from beginning a "flight in an airplane under VFR conditions unless (conside ring wind and forecast weather conditions) there is enough fuel to fl y to the first point of intended landin g, and assuming normal cruising speed

- (1) During the day to fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. The battery

powering the UAS provides approximately 25 minutes of powered flight, which is less than the reserve requirement alone by F ARs for day

or night VFR flight. Given the limitations on the UAS's flight envelope, proposed AOR size, battery life and its ability to land immediately

it is reasonable to allow an exception. An equivalent level of safety can be achieved by

limiting flights to 25% of battery power. This restriction would be more than adequate to return the UAS to its planned landing zone in the AOR. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 and 10808.

**14 C.F.R. 45.23 Marking of the Aircraft** Applicable Codes of Federal regulations require aircraft to be marked according to certain specifications. SCI UASs are unmanned; do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is impractical to place on such small aircraft. SCI will, however, place the wo rd "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 (f) so that the pilot, camera operator, observer and an y other persons operating in the AOR can see the markings on the UAS. The FAA has previousl y issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A, and 10700.

**14 C.F.R. 91.119 Minimum Safe Altitudes** 14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. SCI will only operate its UASs at or below 400 AGL. SCI will operate its UASs in a defined AOR that hasbeen carefully reviewed for hazards and minimizes the presence of any persons not essential for operations. Flights will only be conducted over private property with consent of the propert y owner. The equivalent level of safety will be achieved given the size, weight and speed of the UAS as well as the location where it is operated. Compared to flight operations with traditional aircraft or rotorcraft wei ghing far more than 55lbs, operating be low 500 AGL with flammable fuel UAS operations present a far smaller risk.

**14 C.F.R. 91.405 (a), 407 (a)(1), 409(a)(2), 417(a&b) Maintenance Inspections** These regulations require that an aircraft operator or owner "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as prescribed in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter , and others shall inspect or maintain the aircraft in compliance with Part 43. These regulations only

apply to aircraft with an airworthiness certificate. They will not, therefore, appl y to SCI UASs should its requested exemption be granted. As an equivalent level of safe ty SCI requires its pilots to conduct a preflight, through flight and post flight inspection of the UAS to ensure it's flight worthiness prior to launch. Each UAS is flown in compliance with the applicable manufactures manual to include all software update cycles as well as flight checklists. In the event of a malfunction the UAS can land immediatel y.

**Privacy** All flights will occur over private or controlled access property with the property

owner's prior consent and knowledge.

**Summary**
SCI is seeking e xemption from the following rules:
14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)&(b). Approval of the above exemptions allowing commercial operations of small UASs in the service of aerial photography will greatly

enhance safet y b y reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft weighing thousands of po unds and carrying hundreds of pound of fuel presenting a significant risk to life and propert y. With SCI 's use of small UASs weighing less than 55 lbs, powered b y batteries and operating at or below 400 AGL they virtually eliminate all of the risk associat ed with traditional aerial photograph y. The UASs will carry no people thereb y eliminating the exposure to the risks associated with flying while accomplishingthe same task in a much safer manner.

Granting SCI the above exemptions will allow for the expansion of UAS systems into the future, in a professional, safety conscious culture steep in the tradition of Aviation. The safet y culture established by the founding members of SCIis based on our 35+ years of business experience.

. SCI respectfull y re quests that the FAA grant its exception without delay . The FAA has the authority

to issue the exemption sought by SCI pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), as amended (the "Act").

Sincerel y,

Curt Daniels Seminole Club, Inc. DBA: Flatwater Studios 709 West Park Ave Suite D E dgewater, FL 32132